Town of Simsbury, CT Tanks, Underground

The purpose of this Article is to protect the public health, safety and welfare of the townspeople and to preserve the quality and quantity of the town's groundwater supply. This is accomplished by regulating the modification, installation, maintenance and removal of petroleum liquid storage tanks used in connection with a residential building. This Article affects residential buildings of three living units or fewer.

§ 139-2 Maps.

Aquifer and aquifer recharge areas are identified on a map entitled "Town of Simsbury Aquifer Protection Zones," as amended by the Zoning Commission, dated March 19, 1990. The map may be amended according to the procedures outlined in Article 10, Section J, of the Town of Simsbury Zoning Regulations.[1] Areas served by private wells are identified on a map entitled "Town of Simsbury Aquifer Protection Zones and Areas Served By Private Wells," dated May 27, 1992, which has been prepared as part of this Article.[2]

[1]

Editor's Note: The Zoning Regulations are on file in the town offices.

[2]

Editor's Note: These maps appear at the end of this chapter.

§ 139-3 Definitions.

The terms used in this Article and not otherwise defined shall have the meanings ascribed to them in Section 22a-449(d)-1(a) of the Regulations of Connecticut State Agencies, as the same may be amended from time to time.

As used in this Article, the following terms shall have the meanings indicated:

ABANDONED

Rendered permanently unfit for use.

ABOVEGROUND

When referring to an interior or exterior facility or facility component, means that greater than 90% of the volumetric capacity of the facility or component is above the surface of the ground or located in a basement or crawl space.

EXISTING FACILITY

A facility the construction or installation of which began prior to the effective date of these regulations.

FACILITY

A system of interconnected tanks, pipes, pumps, vaults, fixed containers and appurtenant structures, singly or in any combination, which are used or designed to be used for the storage, transmission or dispensing of oil or petroleum liquids, including any monitoring devices. As used in these regulations, the term "facility" refers only to residential underground facilities.

LIFE EXPECTANCY

The time period within which a failure is not expected to occur as determined in accordance with the Regulations of Connecticut State Agencies, as amended by adding Section 22a-449(d)-1.

LIQUID

Any liquid, including but not limited to oil and petroleum liquids.

LISTED

Included in a list published by a testing laboratory which:

(1)

Is approved by the Commissioner of Environmental Protection in consultation with the Bureau of the State Fire Marshal;

(2)

Maintains periodic inspection of production of listed equipment or materials; and

(3)

States in its listing either that the equipment, material or procedure meets appropriate standards or has been tested and found suitable for use in a specified manner.

NEW FACILITY

A facility the construction or installation of which begins on or after the effective date of these regulations, including but not limited to facilities which replace existing facilities and facilities which are moved from one location to another.

NFPA 30

National Fire Protection Association Publication Number 30, entitled "Flammable and Combustible Liquids Code," as enforced by the State Fire Marshal pursuant to Section 29-320 of the Connecticut General Statutes, as amended.

OIL OR PETROLEUM LIQUID OR PRODUCT

Oil or petroleum of any kind normally in liquid form, including but not limited to waste oils and distillation products such as fuel oil, kerosene, naphtha, gasoline and benzene.

OWNER

The person or municipality in possession of or having legal ownership of a facility.

PRIVATE WELL

Under these regulations, considered to mean a well supplying one to 20 homes which are in close proximity to the well but may not be in the aquifer area as defined in these regulations.

RESIDENTIAL BUILDING

Any house, apartment, trailer, mobile home or other structure occupied by individuals as a dwelling.

UNDERGROUND

When referring to a facility or facility component, means that 10% or more of the volumetric capacity of the facility or component is below the surface of the ground and that portion which is below the surface of the ground is not fully visible for inspection.

WELL

An artificial excavation or opening in the ground by which groundwater can be obtained or through which it flows under natural pressure or is artificially withdrawn.

§ 139-4 Registration; general regulations.

On or after the effective date of this Article (hereinafter the "effective date"), property owners shall register with the town all propane tanks used in connection with heating (not cooking) and petroleum liquid storage tanks or the absence of such tanks in a manner prescribed by the town by September 1, 1991.

Propane tanks used in connection with heating (not cooking).

(1)

Residential property owners shall register all propane tanks on forms provided by the town.

(2)

No propane tank shall be installed or replaced until all applicable building and fire permits have been issued.

Petroleum liquid storage tanks.

(1)

Burial and placement.

[Amended 10-14-1992]

(a)

Direct burial of petroleum, diesel fuel and gasoline storage tanks and associated piping shall be prohibited in:

[1]

All new residential construction in Simsbury.

[2]

All existing residential homes in Simsbury which currently do not have an underground tank located on the property.

(b)

In an aquifer protection or private well area(s), replacement tanks must be placed in the basement or in an acceptable aboveground location unless a waiver is given by the Board of Selectmen.

(c)

In a nonaquifer area or nonprivate well area, underground replacement tanks will be allowed without a waiver from the Board of Selectmen, provided that all the following conditions are met:

[1]

The replacement tank meets all the requirements listed on the waiver applications.

[2]

The size of the replacement tank does not exceed that of the existing tank.

[3]

All required building permits for tank removal and installation are obtained prior to the start of work.

(2)

All existing buried tanks and buried piping used in connection with a residential building shall be removed or abandoned according to applicable building and fire codes and in accordance with NFPA 30 and Schedule I hereof,[1] as the same may be amended from time to time, per the following schedule:

(a)

Fiberglass or cathodically protected steel tanks located in a designated Aquifer Protection Zone or in an area served by private well water shall be removed or abandoned prior to expiration of the manufacturer's corrosion warranty period.

(b)

If an underground steel tank is located in a designated Aquifer Protection Zone or in an area served by private well water and is 20 years old or older on the effective date, the tank and its associated piping shall be removed or abandoned within two years after the effective date or the effective date of the amendment hereto applying this Article to the particular tank or by October 1, 1993, whichever is later.

(c)

If an underground steel tank is located in a designated Aquifer Protection Zone or in an area served by private well water and is at least 15 years old but less than 20 years old on the effective date, the tank and its associated piping shall be removed or abandoned within three years after the effective date or the effective date of the amendment hereto applying this Article to the particular tank or by October 1, 1994, whichever is later.

(d)

If an underground steel tank is located in a designated Aquifer Protection Zone or in an area served by private well water and is less than 15 years old, the tank and its associated piping shall be removed or abandoned not later than 18 years from the date of installation.

(e)

All underground tanks will be assumed to be a minimum of 20 years old on the effective date unless information is provided to the Building Inspector by the owner of the tank to prove the actual date of installation.

(f)

An owner of a tank which is not fiberglass or cathodically protected that has a guaranteed life span longer than 18 years may apply for a waiver of the requirements of § 139-4B(2) pursuant to § 139-6 of this Article. Supporting documentation establishing the longer guaranteed life span shall be submitted with the registration form required by § 139-4.

[1]

Editor's Note: Schedule I appears at the end of this chapter.

(3)

Oil-contaminated soil shall be remediated according to Connecticut Department of Environmental Protection (CTDEP) procedures when tanks are removed.

(4)

All replacement petroleum liquid storage tanks shall be registered with and have an installation permit from the Building Department of the Town of Simsbury. The tanks shall be installed according to manufacturer's specifications and include appropriate protection for all pipe connections and piping. Installation shall be in conformance with the National Fire Protection Association (NFPA) 30 and 31, 1987 Edition, as the same may be amended from time to time.

(5)

Within two years of the effective date of this Article or the effective date of the amendment hereto applying this Article to the particular tank, or by October 1, 1993, whichever is later, underground tanks less than 10 years of age greater than 1,000 gallons in capacity that are not double-wall fiberglass, double-wall steel or equipped with other secondary containment must have an approved leak-detection monitoring device and an approved monitoring procedure and schedule.

(6)

The owner of a cathodically protected tank shall submit every three years after the installation date a test report performed by a qualified individual showing that the components are working properly. If the cathodic protection is no longer working properly, the system must be repaired to satisfactory working conditions within three months, and the Building Official must so certify to the town.

(7)

With all new residential construction in an aquifer area or in an area served by private well water, exterior and interior petroleum liquid tanks shall have an impervious containment berm/dike with an impervious base surrounding the tank(s) or other equivalent secondary containment approved by the Town Building Department for this particular construction project. Containment dikes shall be constructed in accordance with the provisions of Schedule II of this Article.[2]

[2]

Editor's Note: Schedule II appears at the end of this chapter.

(8)

By and after October 1, 1994, the following petroleum liquid tanks located in the affected areas shall adhere to the requirements as listed in Schedule II of this Article, as the same may be amended from time to time:

(a)

Existing aboveground tanks located in a basement with a dirt floor.

(b)

Existing aboveground tanks located in a crawl space with a dirt floor.

(c)

Existing and new aboveground exterior tanks.

§ 139-5 Enforcement; penalties for offenses.

The Building Official is designated as the enforcement official. This official shall have the responsibility of monitoring procedures and equipment relating to propane tanks and petroleum liquid storage tanks and shall coordinate monitoring and enforcement procedures with the Fire Marshal. All applicable state and federal building and fire codes must be complied with.

Residential property owners are required to register with the Building Official all tanks or the absence of a tank on forms provided by the town.

If any residential property owner fails to submit the registration form by September 1, 1991, a certified letter shall be sent to the property owner indicating that the property owner may be in violation of this Article and requesting that the form be returned to the town within 30 days. If the form is not received within that time, a fine of $10 per day, not to exceed $500, may be imposed.

A letter will be sent to each property owner to advise him/her that a tank must be removed within the appropriate time. If the tank is not replaced according to the above provisions, a certified letter shall be sent to the property owner indicating that he/she may be in violation of this Article. If the tank is not removed within 90 days after receipt of such notice, a fine of $90 per day may be imposed, not to exceed a total of $5,000.

A letter will be sent to each property owner who has an aboveground tank to advise him/her that the tank must have acceptable containment within the appropriate time. If the tank is not contained, a certified letter shall be sent to the property owner indicating that he/she may be in violation of this Article. If the tank is not contained within 90 days after receipt of such notice, a fine of $90 per day may be imposed, not to exceed a total of $5,000.

Each day of violation of Subsections C, D and E shall constitute a separate offense. With respect to Subsections D and E, if upon the expiration of such number of days of noncompliance as would authorize the imposition of the maximum cumulative total of fines under each subsection the property owner has not complied with the relevant subsection by removing or containing the tank, as the case may be, the Building Official may, in addition to seeking imposition of said fine, pursue such other civil and criminal remedies as may from time to time be available to him to effect such removal or containment.

§ 139-6 Waiver.

The tank owner may apply to the Board of Selectmen for a waiver of the requirements of this Article for a tank that has a longer guaranteed life span than is assumed in § 139-4B(2)(a) through (e). The owner shall submit supporting documentation from the manufacturer establishing the longer guaranteed life span.

The waiver application shall be on a form prescribed by the Board and contain information as to why the tank is not a threat to the environment.

The waiver application will be reviewed by the Conservation Commission prior to a decision by the Board of Selectmen.

Waivers shall be limited to a time that reflects the tank's guaranteed life span, the potential for release of its contents and the difficulty of placing the tank above ground.

§ 139-7 Indemnification of town.

In no event shall the town's regulation of petroleum liquid storage tanks pursuant to this Article constitute a recommendation, approval, endorsement or warranty of a petroleum liquid storage tank. The town shall not thereby be deemed to have acquired any special expertise with respect to any of the foregoing nor to have acquired or incurred any special duty, liability or standard of care concerning any of the foregoing. Accordingly, the town shall not be responsible for or liable to any person or entity for any injury to person, property or the environment caused directly or indirectly by the leaking of a petroleum liquid storage tank or by anything else claimed to have been caused or facilitated by the acts or omissions of the town in regulating petroleum liquid storage tanks or undertaking to do so.

Article II Multifamily Residential Complexes; Commercial, Industrial and Institutional Uses

§ 139-8 Purpose.

The purpose of this Article is to protect the public health, safety and welfare of the townspeople and to preserve the quality and quantity of the town's groundwater supply. This is accomplished by regulating existing land uses which may cause contamination of groundwater. This Article concerns multifamily residential complexes of more than three units and commercial, industrial and institutional petroleum liquid storage tanks.

§ 139-9 Maps.

Aquifer and aquifer recharge areas are identified on a map entitled "Town of Simsbury Aquifer Protection Zones," as amended by the Zoning Commission, dated March 19, 1990.[1] The map may be amended according to the procedures outlined in Article 10, Section J, of the Town of Simsbury Zoning Regulations.

[1]

Editor's Note: The map appears at the end of this chapter.

Areas served by private wells are identified on a map entitled "Town of Simsbury Aquifer Protection Zones and Areas Served by Private Wells," dated May 27, 1992, which has been prepared as part of this Article.[2]

[2]

Editor's Note: The map appears at the end of this chapter.

§ 139-10 Definitions.

The terms used in this Article and not otherwise defined shall have the meanings ascribed to them in Section 22a-449(d)-1(a) of the Regulations of the Connecticut State Agencies, as the same may be amended from time to time.

As used in this Article, the following terms shall have the meanings indicated:

ABANDONED

Rendered permanently unfit for use.

ABOVEGROUND

AGRICULTURAL OPERATIONS

Those operations located on land defined as a farm under the Zoning Regulations[1] whose annual gross sales from agricultural products during the preceding calendar year were $1,000 or more.

EXISTING FACILITY

A facility the construction or installation of which began prior to the effective date of these regulations.

FACILITY

FARM

A tract of land containing five acres or more, used in part or wholly for agricultural purposes, excluding fur ranching, pig farming, slaughterhouses and fertilizer manufacture. A "farm" may include premises used for the keeping of livestock and other domestic animals when permitted by these regulations.

HAZARDOUS MATERIAL

Any material which may pose a present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed and any material which is defined as hazardous within the meaning of any federal, state or local law, regulation or ordinance, including but not limited to chemicals which are subject to reporting requirements under Title III of the Super Fund Amendments and Reauthorization Act of 1986 (SARA).

HAZARDOUS WASTE

Any waste material which may pose a present or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of or otherwise managed, including hazardous waste identified in accordance with RCRA (Resource Conservation Recovery Act).

LIFE EXPECTANCY

The time period within which a failure is not expected to occur as determined in accordance with the Regulations of Connecticut State Agencies, as amended by adding Section 22a-449(d)-1.

LIQUID

Any chemical liquid, including but not limited to oil and petroleum liquids.

LISTED

Included in a list published by a testing laboratory which:

(1)

Is approved by the Commissioner of Environmental Protection in consultation with the Bureau of the State Fire Marshal;

(2)

Maintains periodic inspection of production of listed equipment or materials; and

(3)

States in its listing either that the equipment, material or procedure meets appropriate standards or has been tested and found suitable for use in a specified manner.

NEW FACILITY

NFPA 30

OIL OR PETROLEUM LIQUID OR PRODUCT

Oil or petroleum of any kind normally in liquid form, including but not limited to waste oils and distillation products such as fuel oil, kerosene, naphtha, gasoline and benzene.

OWNER

The person, entity, corporation or municipality in possession of or having legal ownership of a facility (but shall not include private residences which are regulated under Article I of this chapter, Residential Buildings of Three Living Units or Fewer.

PRIVATE WELL

Under these regulations is considered to mean a well supplying one to 20 homes which are in close proximity to the well but may not be in the aquifer area as defined in these regulations.

RESIDENTIAL BUILDING

Any house, apartment, trailer, mobile home or other structure occupied by individuals as a dwelling.

UNDERGROUND

WELL

An artificial excavation or opening in the ground by which groundwater can be obtained or through which it flows under natural pressure or is artificially withdrawn.

[1]

Editor's Note: The Zoning Regulations are on file in the town offices.

§ 139-11 Registration; general regulations.

Registration. All property owners shall register with the town all propane tanks over 100 pounds in capacity and all petroleum liquid storage tanks or the absence of such tanks on forms provided by the Town by September 1, 1992.

The provisions of Subsection B(1) through (3) that follow shall apply only to underground containment tanks which are located in the Aquifer Protection Zone or in an area served by private wells.

(1)

New tanks under 2,100 gallons.

(a)

All new underground hazardous material and petroleum liquid storage tanks and replacement tanks of less than 2,100 gallons not currently covered by Connecticut Department of Environmental Protection Regulations (hereinafter "CTDEP") or United States Environmental Protection Agency Regulations (hereinafter "USEPA") or Article I of this chapter, Residential Buildings of Three Living Units or Fewer, shall conform to the following minimum standards:

[1]

Be a Connecticut Department of Environmental Protection - accepted listed steel tank externally coated with a factory-applied corrosion-resistant coating approved by the manufacturer for the proposed use and equipped with cathodic protection and permanent cathodic protection monitoring devices and contact plates under all fill and gauge openings.

[2]

Be a Connecticut Department of Environmental Protection - accepted listed fiberglass-reinforced plastic (FRP) tank which is equipped with contact plates under all fill and gauge openings and is chemically compatible with the contained oil or petroleum liquid as determined by the tank or container manufacturer's warranty.

[3]

Be a Connecticut Department of Environmental Protection - accepted listed steel-fiberglass-reinforced plastic composite tank.

(b)

To prevent spilling and overfilling associated with product transfer to the underground storage tank, spill prevention equipment shall be installed that will prevent release of the product to the environment when the transfer hose is detached from the fill pipe (for example, a spill catchment basin).

(c)

The installation of such tank, facilities and systems shall be done strictly in accordance with the manufacturer's specifications and include appropriate protection for all pipe connections and piping. The Building Official may require a failure-determination test before the tank is covered.

(2)

Other new tanks.

(a)

All other new underground tanks, facilities, piping and their components not currently covered by CTDEP Regulations shall:

[1]

Be protected against corrosion by use of noncorrosive materials or steel components with factory-applied, corrosion-resistant coating and cathodic protection and permanent cathodic protection monitoring devices;

[2]

Be designed, constructed and installed so as to allow failure determination of all underground piping without the need for substantial excavation; and

[3]

Be chemically compatible with the contained material as determined by the manufacturer's warranty and current approved CTDEP standards.

(b)

(c)

(3)

Replacement of existing tanks.

(a)

After June 25, 1992, all existing underground petroleum liquid tanks of a capacity less than 2,100 gallons which are not CTDEP-accepted listed fiberglass or cathodically protected shall be removed or abandoned according to applicable building and fire codes and in accordance with NFPA 30 and Schedule I hereof,[1] as the same may be amended from time to time, per the following schedule:

[1]

[2]

If an underground steel tank is located in the designated Aquifer Protection Zone or in an area served by private well water and is at least 20 years old or older on the effective date, the tank and its associated piping shall be removed or abandoned within two years after the effective date or by October 1, 1994, whichever is later.

[3]

If an underground steel tank is located in the designated Aquifer Protection Zone or in an area served by private well water and is at least 15 years old but less than 20 years old on the effective date, the tank and its associated piping shall be removed or abandoned within three years after the effective date or by October 1, 1995, whichever is later.

[4]

[5]

[6]

An owner of a tank which is not fiberglass or cathodically protected that has a guaranteed life span longer than 18 years may apply for a waiver of the requirements of § 139-11B(3) pursuant to § 139-12 of this Article. Supporting documentation establishing the longer guaranteed life span shall be submitted with the registration form required by § 139-11.

[1]

Editor's Note: Schedule I is included at the end of this chapter.

(b)

Liquid propane containment tanks are exempt from the replacement schedule under this section.

(4)

If a tank is found to be leaking, the owner shall immediately notify the CTDEP and shall remove the tank according to CTDEP requirements. When tanks are removed, contaminated soil shall be remediated according to CTDEP procedures.

Other requirements.

(1)

In the affected areas, within three years of the effective date of this Article, a containment berm/dike with an impervious base surrounding the tank shall be constructed if there is an:

(a)

Existing aboveground petroleum liquid tank located in a basement with a dirt floor;

(b)

Existing petroleum liquid tank located above ground in a crawl space with a dirt floor; or

(c)

Existing and new aboveground exterior petroleum liquid tank.

(2)

Said containment dikes shall conform to a Guide for Construction of Secondary Oil Containment Structures dated November 1991, as the same may be amended from time to time, and available from the Building Department. For outside storage, the tank and dike shall be protected from rainwater accumulation by a permanent roof or approved equivalent installation.

(3)

No such tank shall be used, or continue to be used, after October 1, 1994, unless the owner shall have complied with the Building Department's permit, installation and inspection procedure to ensure that the completed berm/dike conforms to the aforesaid requirements.

(4)

Exterior liquid propane containment tanks are exempt from the requirements of this section.

(5)

All new and replacement petroleum liquid storage tanks shall be registered with and have an installation permit from the Building Department of the Town of Simsbury. The tank shall be installed according to manufacturer's specifications and include appropriate protection for all pipe connections and piping and shall conform to the requirements of this Article. Installation shall be in conformance with the National Fire Protection Association (NFPA) 30 and 31, 1987 Edition, as the same may be amended from time to time.

§ 139-12 Waiver.

Any tank owner may apply to the Board of Selectmen for a waiver of the provisions of this Article if a tank has a longer guaranteed life span than is assumed in § 139-11B(3)(a)[1] through [5]. The owner shall submit supporting documentation from the manufacturer establishing the longer guaranteed life span.

The waiver application shall be on a form prescribed by the Board and contain information as to why the tank is not a threat to the environment.

The waiver application shall be reviewed by the Conservation Commission prior to a decision by the Board of Selectmen.

Waivers shall be limited to a time that reflects the tank's guaranteed life span and the potential for release of its contents.

If a property owner has two or more underground petroleum liquid tanks which need to be removed, the owner may apply to the Board of Selectmen for permission to schedule the removal over a longer time frame. Such time frame shall be reviewed by the Conservation Commission prior to a decision by the Board of Selectmen. This removal schedule shall not apply to tanks which are leaking.

§ 139-13 Enforcement; penalties for offenses.

The Building Official is designated as the enforcement official. This official shall have the responsibility to monitor procedures and equipment relating to propane tanks and petroleum liquid storage tanks and shall coordinate monitoring and enforcement procedures with the Fire Marshal. All applicable state and federal building and fire codes shall be complied with.

Property owners are required to register all tanks or the absence of a tank with the Building Official on forms provided by the town.

If any property owner fails to submit the required completed form by the appropriate date, a certified letter shall be sent to the property owner indicating that the property owner may be in violation of this Article and requesting that the form be returned to the town within 30 days. If the form is not received within that time, a fine of $50 a day may be imposed, not to exceed $3,000.

A letter will be sent to each property owner to advise the owner that certain provisions must be completed within a designated time frame. If the provisions are not met in the appropriate time frame, a certified letter shall be sent to the property owner(s) indicating to them that they are in violation of this Article. If the work is not completed within 60 days, a fine of $90 a day may be imposed, not to exceed a total of $5,000.

§ 139-14 Indemnification of town.